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-ONTRACT W)
GRAZING LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
?d
This Grajing Lease Agreement ( Agreement") is made and entered into this day of
204 by and between the City of Fort Worth, a home-rule municipal corporation of
the State of Texas ("LESSOR"), acting by and through its duty authorized Assistant City
Manager and Marty Richter, a natural person ("LESSEE").
WITNESSETH:
1. LEASED PREMISES For and in consideration of the rental payments to be paid
hereunder and the other covenants and promises expressed herein, LESSOR does
hereby agree to lease and demise to LESSEE solely the surface of real property
situated in the City of Fort Worth, Texas, more particularly described as a 285.80 acre
tract of unimproved land out of the Catherine A. Kuykendall Survey, Abstract No. A
901 and the Jacob Wilcox Survey #46, Abstract No. A 1720 (the "Ceased Premises").
The exact boundaries of the Leased Premises are illustrated in Exhibit A, which is
attached hereto and incorporated herein for all purposes as though it were set out at
length.
11. TERM The term of this Agreement shall begin on October 1, 2008, and shall
conclude on September 30, 2009 (the "Term"), unless terminated sooner in accordance
with Article XXVI L The Term may be renewed for successive one-year periods by the
mutual written agreement of the parties.
III. USE OF LEASED PREMISES This Agreement is solely for the purpose of
permitting the LESSEE to graze domesticated livestock owned by the LESSEE.
LESSEE will keep the livestock in good condition and not allow grazing of livestock
owned by other individuals. LESSEE agrees that the Leased Premises will be used
solely for grazing purposes and will not be used for any purpose in violation of the
law, local statute, ordinance, or regulation,
IV. ACCEPTANCE OF LEASED PREMISES LESSEE takes the Leased Premises and
all appurtenances in "AS IS" condition without any express or implied warranty on the
part of the LESSOR. LESSEE accepts the Leased Premises in their present condition,
finds them suitable for the purposes intended, and further acknowledges that it is
thoroughly familiar with such condition by reason of a personal inspection and does
not rely on any representations by LESSOR as to the condition of the Leased Premises
or their suitability for the purposes intended. LESSEE accepts the Leased Premises
subject to any and all previously recorded easements that may hp4o""-ft
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GRAZING LEASE AGREEMENT
2 6-
along, over, under, or across said property, and releases LESSOR from any and all
damages, claims for damages, loss, or liabilities that may be caused to invitees,
licensees, or trespassers by reason of the exercise of such rights or privileges granted in
said casements LESSEE's taking possession of the Leased Premises shall be
conclusive evidence (a) that the Leased Premises are suitable for the purposes and uses
for which same are leased; and (b) that LESSEE waives any and all defects in and to
the Leased Premises and all the appurtenances thereto. LESSOR shall not be liable to
LESSEE, his agents, employees, contractors, subcontractors, invitees, licensees, or
guests for any damage to any person or property due to the acts or omissions on the
Leased Premises of LESSEE, his agents, employees, contractors, or subcontractors.
V. NO SERVICES LESSOR shall not furnish LESSEE with any utilities, cleaning,
lighting, security, fence, gate, or any other items or services for the Leased Premises.
Any services or utilities needed by LESSEE will be provided by LESSEE at his sole
cost.
V1. RENT LESSEE agrees and obligates himself to pay LESSOR rental in the amount of
two thousand fifty two and no/100s dollars ($2,052.00) per year for the Leased
Premises. Payment shall be due and payable on October I of each year this Agreement
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VII. ADDITIONAL CONSIDERATION In addition to any rents owed, LESSEE grants
to LESSOR a non-exclusive license to use the access road, as designated on Exhibit
"A" across LESSEE's property, which abuts the Leased Premises. Use of this access
road shall be solely for the purpose of providing LESSOR with access to its property
from Ten Mile Bridge Road, but under no circumstances shall LESSOR use this road
for activities related mineral extraction.. In using this access road, LESSOR shall
make efforts to ensure the security of LESSEE's property; if LESSOR must open any
gates in order to use the access road, LESSOR shall return such gates to their closed
position immediately following use.
VIII. INSURANCE So long as this Agreement is in effect, LESSEE shall maintain
commercial general liability insurance coverage on the Leased Premises in the
minimum amount of five hundred thousand dollars ($500,000). Such coverage shall
not exclude coverage for liability incurred as the result of the activity of the grazing
stock or associated with the maintenance of the grazing stock on the Leased Premises.
LESSEE shall provide LESSOR with a copy of the policy of insurance on demand.
Further, LESSEE agrees to indemnify and hold harmless LESSOR against any
and all claims and causes of action for personal injury and/or property damage
that may arise from, out of, and/or due to activity on the Leased Premises or
related thereto.
GRAZING 11"ASF",AGREEMEN'r 2 of7
IX. LIMITATION ON USE LESSEE may not excavate, dig, build, or store toxic
chemicals, hazardous materials, or large machinery on the Leased Premises without
express prior written permission of LESSOR. LESSEE may plow the 62.3 acre
portion of the Lease Premises designated on Exhibit A but may not otherwise plow on
the Leased Premises without express prior written permission of LESSOR. Any and
all improvements added during the term of this Agreement shall become part of the
property and thus, property of the LESSOR.
X. MAINTENANCE OF ROADWAYS LESSEE will keep the access road and any and
all existing roadways on Leased Premises in as good of repair and condition as they
may be put during the term of the Agreement; ordinary wear, loss by fire, depreciation,
or unavoidable destruction excepted. LESSEE will consult with LESSOR prior to a
commitment for major repair to roadways on the Leased Premises.
XI. MAINTENANCE OF DRAINAGE DITCHES LESSEE will keep any and all
existing drainage ditches on Leased Premises open and unobstructed during,the term of
the Agreement.
XIL MAINTENANCE OF TURF LESSEE will control grazing on the Leased Premises
in a prudent and husbandmanlike manner to prevent overgrazing and subsequent
deterioration of the native or improved turf. LESSEE will, at his sole expense, reseed
as necessary with plants and grasses of comparable kind and quality to those found on
the Leased Premises at the time this Agreement is executed. Those portions of the
Leased Premises planted to winter wheat at the time of execution may continue to be
reseeded with winter wheat or comparable grain. All other portions of the Leased
Premises shall be reseeded with grasses native to North Central Texas.
XIII. PREVENTION OF DUMPING LESSEE shall make all efforts to prevent dumping
on the Leased Premises, including posting appropriate signage on perimeter fences and
immediately removing all trash or debris found on the property. All signage shall be
submitted to LESSOR for approval prior to posting.
XIV. PREVENTION OF TRESPASSING LESSEE shall make all efforts to prevent
trespass on the Leased Premises, including posting appropriate signage on perimeter
fences. All signage shall be submitted to LESSOR for approval prior to posting.
XV. HUNTING Hunting on the Leased Premises is strictly prohibited. LESSEE shall not
hunt and shall prevent others from hunting by posting appropriate signage on perimeter
fences. All signage shall be submitted to LESSOR for approval prior to posting.
XVI. ASSIGNMENT, SUBLEASE, INHERITANCE LESSEE is prohibited from
assigning his rights under this Agreement or subletting the Leased Premises or any part
thereof without the prior, written consent of the LESSOR. Any attempted assignment
or sublease without LESSOR'S consent shall be void. LESSEE's rights under this
Agreement are not heritable. In the event LESSEE dies while this Agreement is in
effect. this Agreement shall terminate and LESSEE's successors, heirs, devisees,
GRAZING LEASE AGREEMENT 3 of 7
assigns, or estate shall be required to remove all livestock and any personal property
belonging to LESSEE.
XVII. RIGHT OF ENTRY LESSOR reserves to itself, its agents, assigns, and employees
the right to enter the Leased Premises at any time for the purpose of consulting with
the LESSEE, making inspection of the property, conducting regular park-related
activities (including tours), making repairs or improvements, installing and repairing
petroleum pipelines, and developing oil, gas, or other mineral resources. In the event
LESSOR seeks to develop the minerals associated with any portion of the Leased
Premises or adjoining property, the LESSOR shall include as a condition in the mineral
lease a requirement that all drill and pad sites be fenced in accordance with the
following specifications as requested by the LESSEE: 6-strand barbed wire with metal
corner bracing El's and kickers plus a cattle guard with gate across the access entrance
to the pad site.
In addition, LESSOR does not relinquish the right to control the management of the
Leased Premises as a park, or the right to enforce all necessary and proper rules for the
management and operation of the same. Members of the LESSOR's police, fire, parks,
code enforcement, and other designated departments shall have the right at any time to
enter any portion of the Leased Premises (without causing or constituting a termination
of the Agreement or an interference of the use of the Leased Premises by LESSEE) for
the purpose of inspecting and maintaining the same and performing any and all
activities necessary for the proper conduct and operation of public property.
XVIII.FAILURE TO PAY RENT If LESSEE fails to pay the rental in the manner provided
above or fails to comply with the obligations, conditions, and covenants of this
Agreement, LESSOR may declare this Agreement immediately terminated. In such
event, the LESSOR, its agent, or attorney, may enter and hold the Leased Premises
until such time as the rental provided above has been paid in full. As security for
payment of the aforementioned rental, LESSOR shall have and is hereby given an
express contract of lien on all cattle and other personal property of LESSEE on the
Leased Premises, this being in addition to the Statutory Landlord's Lien.
XIX. DEVELOPMENT OF PARKLAND It is agreed and understood that the Leased
Premises is being held by LESSOR in reserve until such time as it can be utilized as
open space land and/or for public recreation. In the interim, the preservation of the
unimproved condition of the Leased Premises will be ensured by LESSEE*s limited
use and occupation. Therefore, it is agreed and understood that LESSOR has the right
to terminate this Agreement in accordance with Paragraph XVI should LESSOR desire
to utilize or develop the Leased Premises as open space land and/or for public
recreation.
XX. SALE OF PROPERTY LESSOR reserves the right to sell the Leased Premises. In
the event a sale should occur, LESSOR shall provide LESSEE notice of termination in
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GRAZING I-EASE AGREEMEWY 4 ot'7
accordance with Paragraph XVI and refund to LESSEE all unearned rental on a pro
rata basis.
XXI. MINERALS There is exempted from this Agreement all oil, gas, and minerals in and
under the lands above described and the right to mine and remove the same. This
Agreement is made subject and subordinate to the terms and provisions of any valid
oil, gas, and/or mineral lease or leases executed by LESSOR either before or after
commencement of this Agreement.
XXII. LIABILITY LESSOR shall not be liable to LESSEE nor to the employees, agents,
patrons, or visitors of LESSEE for damages on account of injuries to persons or
property, including injuries resulting in death, due to any of the improvements now or
hereafter located on the Leased Premises being improperly constructed or being or
becoming out of repair; and LESSEE hereby waives all defects therein, as well as in
the lands above described, and agrees to hold harmless and indemnify LESSORS from
all claims for damages arising therefrom.
XXIII.CONSERVATION LESSEE agrees to avail himself of the advice and services of the
local Natural Resource Conservation Service, the Agricultural Extension Service and
the Farm Service Agency and will operate the property in an efficient and
workmanlike manner. LESSEE will also use diligence in controlling noxious plants,
and LESSOR reserves the right to implement various management practices to aid in
control.
XXIV.SURFACE DAMAGES LESSOR will be due all proceeds resulting from damages
related to easements, mineral exploration, or other causes. The LESSEE shall receive
a percentage of surface damages resulting from easements and/or gas exploration that
cause a loss of grazing. The percentage will be agreed upon between LESSOR and
LESSEE upon each occurrence.
XXV. PROTECTION OF THE ENVIRONMENT LESSEE shall consult with staff at the
Fort Worth Nature Center prior to using any chemicals on the Leased Premises.
LESSEE agrees to comply with all laws regulating the use of the chemicals and
disposition of the containers. LESSEE agrees to follow the instructions provided by
the chemical company for the product being used on the Leased Premises and will use
only licensed applicators when having a third party apply the chemicals. LESSEE will
hold LESSOR harmless for any liability claims and clean up costs involving trash,
refuse, chemicals, or hazardous material caused by LESSEE's use of the Leased
Premises.
XXVI.TERMINATION This Agreement may be terminated by either party, with or without
cause, by providing the other party with written notice thirty (30) days prior to the
intended termination date.
XXVIII. RESEEDING FOLLOWING USE At the conclusion of this Agreement, either
by expiration or termination., LESSEE shall return-the 623 acre portion of the Leased
GRAZING LEASE AGREEMENT 5 of 7
Premises identified on Exhibit A to a condition that is as good as or better than it exists
on the date this Agreement is executed. If LESSEE chooses to reseed any portion of
the Leased Premises at the conclusion of this Agreement, LESSEE will consult with
the Fort Worth Nature Center's natural resource staff to determine the appropriate
native seed mix content and coverage of the reseeding.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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iRAZING LEASE AGREEMENT 6 of 7
Contract Authorizatioa
Date
ATTEST: CITY OF FORT WORTH
By:
City Secretar Cha es Daniels Da�ni
Assistan ity Manager
APPROVED AST FORM
AN DI GAL
Denis 0- Mcciro;/'
Assistant City At�' Aey
M&C: L-
LESSEE:
By:
Name: Marty Richter
4200 S. Hulen Street Suite 614
Fort Worth, TX 76109
0FR 1A.LRECORD11
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GRAZING LEASE AGREEMENT
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COUNCIL ACTION: Approved e on 41712009 -Ord. No. 1,0534-04-2009
DATE: 4/712009 REFERENCE NO.: **L-14749 LOG NAME: 80NCGRAZELEASE1
CODE: L TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize an Annual Livestock Grazing Lease of Approximately 285.8 Acres Within the Fort
Worth Nature Center and Refuge with Mr. Marty Richter for an Annual Lease Fee of$2,052.00
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Authorize an Annual Livestock Grazing Lease for approximately 285.8 acres of dedicated parkland within
the Fort Worth Nature Center and Refuge with Mr. Marty Richter for an annual lease fee of$2,052.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $2,052.00, and
3. Authorize staff to spend fees collected totaling $2,052.00 on supplies for repairs to boundary fencing,
post and cabling.
DISCUSSION:
Mr. Marty Richter is a livestock producer/rancher who raises cattle in the vicinity of the Fort Worth Nature
Center and Refuge (the "Nature Center"). Mr. Richter contacted the City to inquire about leasing a portion
of the Nature Center for grazing purposes. The property in question consists of a 285.8 acre tract that abuts
Mr. Richter's property and that is generally not accessible by members of the public at the present time.
The 285.8 acre tract consists of 62.3 acres of improved grazing land that has been previously cultivated
with feed crop and 223.5 acres of bottomland that lacks significant grazing resources. The 2003 Nature
Center Strategic Master Plan does not recommend any type of future development of this tract that would
conflict with its present day use by livestock. It is located in a remote corner of the park and is therefore
infrequently visited by staff. The proposed grazing lease would benefit the City having a tenant on-site to
keep watch on the property while generating a small amount of revenue. Staff will coordinate use of the site
with Mr. Richter and monitor impacts while livestock are present to ensure compliance with the terms of the
Annual Livestock Grazing Lease (Lease).
Staff recommends a total annual lease fee of$2,052.00, which represents a $15 per acre fee for the
improved grazing land and a $5 per acre fee for the unimproved bottomland. These fees match market
rates for grazing leases. Staff will spend fees collected on supplies for repairs to boundary fencing, post and
cabling.
The proposed Lease would be an initial one year term with indefinite annual renewal options upon mutual
consent and would include a provision alowing either paw to terminate the Luse, with or without cause,
on 30 days written notice.
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M&C Review
On December 17, 2008, the Parks and Community Advisory Board endorsed staffs recommendation that
the City Council authorize City staff to enter into a Lease within the Nature Center with Mr. Marty Richter.
The Fort Worth Nature Center and Refuge Conservancy and the Friends of the Fort Worth Nature Center
and Refuge, non-profit community support groups for the Nature Center, have no objections to entering into
this Lease.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that the Park and Community Services Department is
responsible for collection and deposit of funds due to the City under this Lease. Upon approval of the above
recommendations and adoption of the attached appropriation ordinance funds will be available in the
current operating budget, as appropriated, of the Special Trust Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE72 488100 080502107010 $2,052M FE72 522030 080502107010 $2,052.00
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Suzanne Tuttle (237-6940)
ATTACHMENTS
80NCGRAZELEASE1 Ord .doc
Exhibit A - Proposed Nature Center Lease Area.pd
Nature Center Grazing Lease- entire park.pd
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